TERMS AND CONDITIONS OF USE
THESE TERMS APPLY TO CUSTOMERS OUTSIDE OF THE UNITED STATES OF AMERICA. FOR CUSTOMERS IN THE UNITED STATES PLEASE SEE OUR UNITED STATES TERMS.
Rules of the area
Terms of use of platform
Terms of purchase
Privacy
PLATFORM RULES
1 Introduction
1.1 These rules say what you can and can’t do in our Platform (our “Platform” covers our websites: www.edshed.com, www.spellingshed.com, www.literacyshedplus.com, www.quizshed.com, www.phonicsshed.com, www.mathshed.com and play.edshed.com (the “Websites” and our spelling App where you can play fun spelling games (the “App”)). Please follow these rules if you use our Platform so you don’t get into trouble.
2 Our content
2.1 All content, material, text, images, software, trade marks and logos (and intellectual property rights in these) on or in our Platform (“Our Content”) is owned by us or our third parties and is protected by UK and international copyright and other intellectual property laws.
2.2 You can read Our Content, but can’t use it in any other way (unless we say so in writing in our Platform or otherwise). If you use our Content without our permission you may infringe or breach the rights of the owner.
2.3 If you think someone is using Our Content who shouldn’t be, please let us know quickly by:
2.3.1 writing to us at: Severn House, Severn Bridge, Riverside North, Bewdley, Worcestershire, UK, DY12 1AB;
2.3.2 e-mailing us at: support@edshed.com; or
2.3.3 phoning us on: 0330 460 9636 or 1-888-254-3098 from the USA. Calls are charged at the basic rate.
3 Rules of the Platform
3.1 When you use our Platform, please make sure that you do not:
3.1.1 sell, re-sell, sub-Licence or exploit any part of our Platform or Our Content in breach of these Platform Rules or our Platform Terms;
3.1.2 copy, change, share, or permanently store, any part of Our Content. However you can keep one copy for your own, non-commercial use at home;
3.1.3 carry out data mining, screen scraping or crawling of the Platform or Our Content, unless you have asked us first, and we have agreed in writing;
3.1.4 take a picture or record any part of Our Content;
3.1.5 use Our Content to create your own database;
3.1.6 use the Platform or Our Content illegally, fraudulently or in breach of any applicable local, national or international law or regulation, third-party rights or our terms, including these Platform Rules, our Platform Terms, our Terms of Purchase or our Privacy Policy;
3.1.7 interfere with or disrupt any part of the Platform or servers, networks, equipment or software connected to the Platform;
3.1.8 upload any content to the Platform which is hurtful, violent, racist, illegal, distressing, threatening, offensive, discriminatory, pornographic, harassing, misleading, defamatory, likely to encourage criminal or illegal acts or that infringes another person’s rights;
3.1.9 use the Platform to send, receive, upload, download, use or re-use any material which does not comply with these Platform Rules or the Platform Terms or does not belong to you (unless you have permission); and
3.1.10 remove or tamper with any copyright and owner notices that relate to Our Content.
3.1.11 pretend to be someone else or pretend you are linked to them;
3.1.12 collect or use information about someone else unless they have said you can;
3.1.13 allow any-one else to use your Account or log-in details;
3.1.14 continue to use the Platform if your Account has been cancelled;
3.1.15 use the Platform to harm or attempt to harm children; or
3.1.16 use the Platform on purpose to send or upload any data or other material that contains viruses or any other harmful programs designed to affect the operation of any computer software or hardware.
3.2 The Platform may include information and materials posted by other users, including to their “spelling lists”. This information and these materials have not been approved by us. The views expressed by other users on the Platform do not represent our views or values.
3.3 If you are upset by any information and materials uploaded by other users and want to tell us about this please contact by using one of the methods in paragraph 2.3 of these Platform Rules.
3.4 When using an Account, you may import or upload data through third party providers such as, Wonde Limited. If you do this, we will not be responsible for this data and you must comply with the relevant third party’s terms of use of this data.
EDUCATION SHED LTD – TERMS OF USE OF COMPANY PLATFORM
Last updated 16th April 2019
WELCOME
1 Welcome
1.1 Hello! We are Education Shed Ltd (“we”, “Education Shed”, “EdShed”, “our”, or “us”) and we own the websites: www.edshed.com, www.spellingshed.com, www.spellingshed.com, www.spellingshed.com, www.spellingshed.com, www.mathshed.com, hub.edshed.com and play.edshed.com (our “Websites”).
1.2 These terms (the “Platform Terms”) and any other document mentioned in them cover the use of our area which consists of:
1.2.1 our Websites where you can find out about our spelling and maths schemes and games, buy access to our user areas (a “Subscription”), buy EdShed products and access your online account; and
1.2.2 our spelling App where you can play fun spelling games (the “App”).
1.3 When we talk about the “Platform” in these Platform Terms we mean the Websites and the App together.
1.4 Please read these Platform Terms and our related, Platform Rules and Privacy Policy carefully before you start to use the Platform. By using the Platform you confirm that you agree to comply with them.
1.5 If you are younger than 18 and are using the Platform, you must ensure that your parents or legal guardians have:
1.5.1 reviewed and accept these Platform Terms, our Platform Rules, our Terms of Purchase and our Privacy Policy for you; and
1.5.2 agreed that they will be responsible for anything you do wrong.
1.6 If you use our App, you will also need to make sure you meet any rules set by the App Provider you bought the App from. For example, Apple’s Ts&Cs if you bought the App through the Apple App Store.
1.7 Sometimes we make changes to these Platform Terms. If we do this we will put the new copy of them on our Websites and any changes will apply 7 days after that, so make sure you check!
1.8 If you buy any Subscriptions or EdShed products this will be covered by our related Terms of Purchase. Please read these.
1.9 If you have any questions about the Platform or these Platform Terms, please either:
1.9.1 write to us at: Severn House, Severn Bridge, Riverside North, Bewdley, Worcestershire, UK, DY12 1AB;
1.9.2 e-mail us at: support@edshed.com;
1.9.3 phone us on: 0330 460 9636 or 1-888-254-3098 from the USA. Calls are charged at the basic rate; or
1.9.4 use our “help ticket” form at: https://support.edshed.com.
USING THE AREA
2 Your Account
2.1 If you purchase a Subscription or the App, you can register an online account (an “Account”).
2.2 You must make sure that all of the information you give us when you register an Account is true and clear. If you change any of your information (e.g. email address), you must update your Account.
2.3 You must keep your Account information secret. If you think someone else is using your information, let us know by using one of the methods in paragraph 1.9 of these Platform Terms.
2.4 We can cancel your Account at any time for any reason.
2.5 If you break these Platform Terms or we think you have, we may cancel your Account. If we cancel your Account and you try to use our Platform using another account, we may cancel that account too.
2.6 We can delete your Account and any information associated with your use of the Platform if there is no activity on your Account for more than 12 months in a row. We will let you know before we do this so you can tell us if you want to keep the Account.
3 Access and use
3.1 Once you have an Account you can access the Platforms available to you, which may include the web spelling game, the App and the Teacher Hub depending on your subscription or access permissions.
3.2 Information on how to use your Account and the Platform can be found in the “Help” sections of our Websites at: https://support.edshed.com. Here you will find guides and videos on how to manage and use your Account and Subscriptions, including how to access the Teacher Hub and how to add pupils and groups to an Account.
3.3 We try to make the Platform available at all times, but do not guarantee this. If any part of the Platform is unavailable please bear with us as we are trying to fix it as quickly as possible.
4 Rules of the Platform
4.1 If you use our Platform, you must follow our rules to make sure that you don’t upset or hurt any-one. Please check these rules out in our related Platform Rules.
4.2 If you join in with a competition or promotion on the Platform that we run, you must comply with these Platform Terms and our related Platform Rules and any additional terms we tell you about.
5 Our Rights
5.1 We can (but do not have to) do any of the following:
5.1.1 terminate your Account in relation to any part of the Platform; and
5.1.2 monitor, change, remove or disclose any material uploaded to the Platform.
6 The results of breaking the Rules
6.1 We will decide if you have broken these Platform Terms or the Platform Rules. When this has happened, we can choose to take any of the following action:
6.1.1 stop your access to the Platform;
6.1.2 delete any content you uploaded to the Platform;
6.1.3 tell you off;
6.1.4 ask you to pay the full costs which we have had to suffer from you breaking the rules;
6.1.5 take legal action against you; and
6.1.6 disclose any of your information to law enforcement authorities as we consider reasonable.
PRIVACY AND COOKIES
7 We take your privacy seriously. Please read our Privacy Policy to see how we use your personal information.
LIABILITY
7.1 Your use of the Platform and its content is at your own risk and each user acts on his/her own behalf at all times and is not linked to us in any way.
7.2 We do not:
7.2.1 know, or have any control over, who uses the Platform or how they use information and content on the Platform;
7.2.2 make any promises as to the truth, quality or completeness of the content or information that appears on or is sent through the Platform and you should not rely on it being truthful or complete;
7.2.3 make any promises about whether the Platform will be available or promise that your access to the Platform, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free; and
7.2.4 make any promises that the Platform will be free of computer viruses or any other program that will damage or destroy how a computer works or functions and you will install suitable anti-virus and security software on your computer to guard against these things.
7.3 We exclude any and all liability for any loss suffered by you as a direct or indirect result of your use of any of the information or content available on the Platform.
7.4 We are not responsible for any data or information uploaded by any users including any content put in our Platform and are not responsible for any damage to your computer system or loss of data if you use such content. You must make copies any of the content you put in our Platform.
7.5 Except as mentioned in paragraph 7.7, we will not be liable to any users browsing or using any part of the Platform (or their parent or legal guardian if they are under 18) for any losses, whether direct, indirect, consequential or special, including financial loss or loss of data, opportunity, goodwill or reputation.
7.6 Except as mentioned in paragraph 7.7, our total liability to you (including your parent or legal guardian if you are under 18) in respect of all claims made against us in connection with these Platform Terms shall be limited to £100.
7.7 Nothing in these Platform Terms excludes or limits our liability for the following:
7.7.1 death or personal injury caused by our negligence;
7.7.2 fraud or fraudulent misrepresentation; or
7.7.3 any other matter for which it would be unlawful for us to exclude or attempt to exclude its liability.
7.8 If you are a school, you agree that you will gain explicit consent for the use of all pupils' personal details from a parent or legal guardian.
7.9 If you are a business, you will indemnify us, and keep us indemnified, in full against all actions, claims, demands, charges, costs, expenses, damages and losses (whether direct or indirect), including any interest, penalties, and reasonable legal and other professional fees awarded against or incurred or paid by us arising out of any breach of these Platform Terms by you or any liability we incur as a result of the use of the Platform by you and any other person that uses your account as a result of your negligence.
8 Links
8.1 The Platform may include links to third-party websites. We do not review these websites, do not have any control over their availability and do not endorse any content found on them.
8.2 If you click on these links you do this at your own risk and if you use these websites, you must read the terms and privacy policy on those sites as it is their terms, not ours that will apply.
8.3 You may only link to any part of the Platform provided that:
8.3.1 the homepage is not loaded into frames on your website, unless we expressly agree;
8.3.2 your site or services do not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values; and
8.3.3 we can withdraw linking permission at any time without prior notice.
OTHER
9 Feedback or complaints
9.1 If you have any general complaints or wish to request further information about the Platform, please contact us using one of the methods outlined in paragraph 1.9 of these Platform Terms and we will try to fix the problem. See the Privacy Policy for making data protection related complaints.
9.2 Please let us know if you have any feedback. If you do feedback, we may use these without paying you for them and, remember, you do not have to give us feedback.
10 Written communications
10.1 There are certain pieces of information to do with the Platform that we, legally, have to send you in writing. To do this, we will send you an email or post notices on the Platform. You agree you are happy to be contacted in this way and that this is “in writing”. This does not affect your statutory rights.
11 General
11.1 Severability. If a court finds any paragraph of these Platform Terms illegal, the rest of the terms will continue to apply and remain in full force and effect.
11.2 Reliance on these Platform Terms. Any contract made between you and us is covered by these written Platform Terms and any document stated in them and we and you will be legally bound by these. You agree that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in those documents.
11.3 Events beyond our control. If we can’t do what we say we will under these Platform Terms or are late because of anything done or not done by you (or anyone acting for you) or because of events or things beyond our reasonable control, we will not be in breach of contract.
11.4 References to ‘including’ and other similar words. In these Platform Terms, words that appear after ‘include’, ‘including’, ‘other’ or ‘for example’ (or anything similar) will not limit the meaning of the words appearing before them.
11.5 Transfer. We may transfer our rights and obligations under these Platform Terms to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under these Platform Terms to another person if we agree in writing.
11.6 Waiver. If you breach these Platform Terms and we ignore your breach, we can still use our rights and remedies at a later date or in any other situation where you breach the Platform Terms again.
11.7 Third party rights. These Platform Terms do not create any right that can be used by any person who is not a party to them (or any contract made under them), except that these Platform Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999. We do not need to get the agreement of any other person to make any changes to these Platform Terms.
11.8 Language. These Platform Terms may be presented to you in more than one language. However, the English language version of these Platform Terms shall prevail. The contract between us will be concluded in English.
11.9 Which laws apply to these Platform Terms and where you may bring legal proceedings. These Platform Terms are governed by English law and you can bring legal proceedings in respect of these Platform Terms in the English courts, provided you have first used your reasonable endeavours to settle any dispute with us directly using the contact methods outlined in paragraph 1.9 of these Platform Terms.
12 Contact us
12.1 The Websites are owned by Education Shed Ltd, a company incorporated in England with registered office address Severn House, Severn Bridge, Riverside North, Bewdley, Worcestershire, UK, DY12 1AB. Our registered company number is 10949607 and our VAT registration number is GB284739556. Our telephone number is: +44 1299 888 454 or 1-888-254-3098 from the USA.
EDUCATION SHED LTD – TERMS OF PURCHASE
1 Introduction
1.1 The definitions used in these terms (the “Terms of Purchase”) are as defined in our Platform Terms.
1.2 These Terms of Purchase and any other document mentioned in them cover your purchase of Subscriptions and/or purchase of EdShed branded products (the “Goods”) (the Subscriptions and the Goods together, the “Products”).
1.3 Please read these Terms of Purchase carefully before you submit any orders for our Products, as these will apply to your orders and give you important information about them, including:
1.3.1 the contractual process for ordering;
1.3.2 the prices and delivery arrangements;
1.3.3 how to amend and cancel an order; and
1.3.4 our returns terms.
1.4 By purchasing our Products, you confirm that you accept these Terms of Purchase and agree to comply with them.
1.5 You have different rights depending on whether you are acting as a consumer or whether you are acting in the course of a business. Where your rights differ, we make this clear in these Terms of Purchase.
1.6 To purchase a Subscription you must be a business or acting on behalf of a business and be 18 years of age or older. You must be over 18 to purchase Goods.
1.7 To purchase the App or Goods you can be a business or a consumer of any age, but if you are younger than 18 years you must ensure that your parents or legal guardians have:
1.7.1 reviewed and accept these Terms of Purchase, our Platform Terms, our Platform Rules and our Privacy Policy for you; and
1.7.2 agreed they will be responsible for anything you do wrong.
1.8 Your use of our Area and how we handle your personal information is covered by our related Platform Terms, Platform Rules and our Privacy Policy. Please read these.
1.9 If you have any questions about these Terms of Purchase, your Subscription or the Products, please either:
1.9.1 write to us at: Severn House, Severn Bridge, Riverside North, Bewdley, Worcestershire, UK, DY12 1AB;
1.9.2 e-mail us at: support@edshed.com;
1.9.3 phone us on: 0330 460 9636 or 1-888-254-3098 from the USA. Calls are charged at the basic rate; or
1.9.4 use our “help ticket” form at: https://support.edshed.com.
2 Terms of Purchase
Products
2.1 This clause 2.1 only applies if you are a consumer. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms of Purchase will affect these legal rights.
2.2 This clause 2.2 only applies if you are a business or are acting in the course of a business. You confirm that you have authority to bind any business on whose behalf you purchase Products.
The App
2.3 You can purchase our App through various App Providers including Apple (the “App Providers”) and such purchase shall be subject to the relevant App Providers’ terms and conditions of purchase.
2.4 Any contract for the purchase of the App will be formed between you and the App Provider. If you do not wish to be bound by the App Provider’s terms and conditions of purchase, you should not buy the App.
2.5 Any queries or concerns you have about the purchase of the App, the cancellation of any contract between you and the App Provider and any refunds should be dealt with through the App Provider.
3 How our Contracts are formed between you and us
Goods
3.1 Your order is an offer to buy from us. When you are placing an order, the following steps have to take place before a contract for the sale of Goods is made between us in relation to your order (the “Contract”):
3.1.1 after choosing the Goods(s) you wish to purchase, adding them to your cart and entering your shipping and billing address details, e-mail and payment details, you place your order for your Goods(s) by pressing the ‘Pay’ button at the end of the check-out process;
3.1.2 before placing your order, the check-out process will give you the opportunity to review and, if necessary, to change your selection of Goods and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process;
3.1.3 you will be asked to click to confirm that you accept our Terms of Purchase. If you do not wish to be bound by what you read you should not place any orders through our Websites; and
3.1.4 once you have submitted your order details, you will see an on-screen acknowledgement that your order has been placed. You will receive a receipt for your payment and an acknowledgement of your order by email. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 3.1.2.
3.2 We will confirm our acceptance of your order by sending you an email that confirms the Goods have been dispatched (‘Dispatch Confirmation’), unless, prior to dispatch, we notify you that we do not accept your order (see paragraph 3.1.3 below). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.3 If we are unable to supply you with any Goods, for example because those Goods are not in stock or are no longer available or because of an error in the price on our Websites, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible, by the same method in which the payment was originally made.
Subscriptions
3.4 Your order is an offer to buy from us. When you are placing an order, the following steps have to take place before a contract for the provision of your chosen level of Subscription is made between us (the “Contract”) in relation to your order:
3.4.1 after choosing the level of Subscription you wish to purchase, you must either log into your Account or set up an Account with us;
3.4.2 once you have logged into your Account, you place your order for your Subscription by pressing the ‘Pay’ button;
3.4.3 before placing your order, you will be given the opportunity to review and, if necessary, to change your level of Subscription and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process;
3.4.4 you will be asked to click to confirm that you accept our Terms of Purchase. If you do not wish to be bound by what you read you should not buy your Subscription through our Websites; and
3.4.5 once you have submitted your order details, you will see an on-screen acknowledgement that your Subscription has been placed and is now live, at which point the Contract will come into effect, and you will be directed to the Teacher hub. You will receive a receipt for your payment and an acknowledgement of your payment by email.
3.5 We will confirm our acceptance of your order to you by sending you an email and the Contract between us will only be formed when we send you this e-mail. Your subscription will be listed in your Account and you can make changes or upgrades, and cancel or renew your subscription through the Teacher hub.
3.6 If we are unable to supply you with a Subscription, for any reason we will inform you of this by email and will not process your order. If you have already paid for the Subscription, we will refund you the full amount as soon as possible, by the same method in which the payment was originally made.
3.7 If you choose to downgrade your subscription, a credit will be applied to your account at renewal such that your next invoice(s) are reduced. We will not issue refunds unless the account is being cancelled according to 7.
3.8 Where licences can be assigned to users as part of your subscription it is possible to re-assign these licences. You must not apply the same licence to multiple users intentionally, other than as a long-term reassignment of that licence.
3.9 Where licences for Literacy Shed Plus are sold as being for a whole school, this means the number of classes in years 1-6 for UK primary schools. For all other schools this means children aged 5 and above with each child counting no more than once. Where a school has been found to be mislicenced, we reserve the right to modify the subscription backdating the cost difference to commencement of the subscription.
4 Description
4.1 Any images of Goods on our Websites are for illustrative purposes only. We cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Websites have a slight tolerance.
4.3 The Goods as shown on our Websites are subject to availability.
5 Price and Payment
5.1 The prices of the Products are as quoted on our Websites from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see paragraph 5.5 for what happens in this event.
5.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed under a Dispatch Confirmation or confirmation e-mail.
5.3 The prices quoted for our Products on the Websites excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. The price inclusive of VAT will be provided prior to your order being placed. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.4 The price of our Products do not include delivery charges. Our delivery charges are as quoted on the Website from time to time and set out in the order summary prior to confirmation of your order.
5.5 It is always possible that, despite our best efforts, some of the Products on our Websites may be incorrectly priced. We will normally check prices as part of the order or dispatch process so that:
5.5.1 where the correct price is less than the price stated on our Websites at the time you placed your order, we will charge the lower amount when supplying the Products; and
5.5.2 where the correct price is higher than the price stated on our Websites at the time you placed your order, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products at the correct (higher) price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
5.6 When and how you must pay for products and services depends on your order type:
5.6.1 for Goods payment is taken in advance and you can pay by entering your debit/credit card details; and
5.6.2 for Subscriptions, we will invoice you annually in advance and you can make payment via BACS, credit/debit card and other methods. You must pay each invoice within 30 calendar days after the date of the invoice.
5.6.3 Subscriptions will renewed automatically on the following basis:
a) We will send you a notice of automatic renewal at least 30 days before the end of your current Subscription.
b) Your Subscription will renew automatically unless you notify us before the end of the current Subscription that you wish to end your Subscription.
c) We will invoice you for the Subscription in advance of the renewal, you will be charged to the same payment method as you paid originally. If you paid by credit or debit card, the renewal payment will be taken automatically.
5.7 When placing an order, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to place the order.
5.8 If you think an invoice or payment is incorrect please contact us promptly to let us know using one of the methods outlined in section 1.9 of these Terms of Purchase.
6 Provision of Products and Subscriptions
Goods
6.1 Your order for Goods will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation.
6.2 We will deliver the Goods to the address you give us. Delivery will be completed when you or a person you have identified has taken physical possession of the Goods. International shipping charges are as set out on the Website from time to time. Delivery will be by Royal Mail, and subject to their terms and conditions. If they are not able to deliver your Goods for any reason, they will contact you regarding re-delivery or collection of your Goods.
6.3 The Goods will be your responsibility from the completion of delivery.
6.4 You own the Goods once we have received payment in full, including all applicable delivery charges.
6.5 We deliver to a number of countries (‘International Delivery Destinations’). If you order Goods from our Websites for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
6.6 You will be responsible for payment of any such import duties and taxes as well as international bank payment charges for both the sender and receiver. Please contact your local customs office and bank for further information before placing your order.
6.7 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
Subscriptions
6.8 We shall supply your Subscription to you until your Subscription expires or you end the contract pursuant to paragraph 5.6.3b).
6.9 We may suspend the provision of your Subscription, upon written notice to you, if you do not pay us undisputed amounts for your Subscription in accordance with paragraph 5.6.2 and you fail to make payment within a further [7] working days following notification that payment is due. We may suspend the Subscription until you have paid the outstanding amounts or terminate your Subscription at our discretion.
6.10 We may update or require you to update digital content provided under a Subscription, provided such digital content shall always match the description of it that we provided to you before you bought it.
Other
6.11 We may have to make minor changes to, or temporarily suspend the supply of, your Products to deal with minor technical problems or to comply with relevant laws or regulatory requirements. Where possible, we will notify you of this in advance. We will make reasonable efforts to resolve any technical problems as soon as reasonably possible.
6.12 We are not responsible for any delays in the provision of Products due to circumstances beyond our reasonable control and will contact you as soon as possible if this is the case, taking steps to minimise the effect of the delay. If we are unable to meet any estimated delivery date because of such circumstances, we will contact you with a revised estimated delivery date and if we cannot deliver the Products at all we will provide you with a full refund for all Products and Subscriptions already paid for.
6.13 We may need certain information from you so that we can supply Products to you, for example, adequate address details. If so, this will have been stated when you made your order through our Websites. If such information has not been provided, we will contact you to ask for this information and if you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the Contract. We will not be responsible for supplying Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7 Cancellation of Contracts and Returns
7.1 You have the right to cancel your order for Products within 14 days of:
7.1.1 delivery of your Goods, provided that you return the Goods to us unused and in the condition in which they were delivered. You are responsible for the cost of return postage or courier to us; or
7.1.2 the start of your Subscription provided you have not downloaded and used our premium resources and any unused premium resources are deleted.
7.2 You must delete all premium resources downloaded from our site upon cancellation or expiry of the subscription.
7.3 If you are a consumer, you have certain legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8 Our liability if you are a consumer
8.1 This paragraph 8 only applies if you are a consumer.
8.2 If we fail to comply with our obligations to you under these Terms of Purchase or any Contract we enter into with you, we are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our failure or if they were contemplated by you and us at the time we entered into the Contract.
8.3 We only supply Products or the App to you for domestic and private use. You agree not to use the Products or the App for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
8.4 We do not in any way exclude or limit our liability under or in connection with these Terms of Purchase or any Contract we enter into with you for:
8.4.1 death or personal injury caused by our negligence;
8.4.2 fraud or fraudulent misrepresentation;
8.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
8.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
8.4.5 defective products under the Consumer Protection Act 1987.
9 Our liability if you are a business customer
9.1 This paragraph 9 only applies if you are a business customer.
9.2 We only supply the Products or the App for internal use by your business, and you agree not to use the Products or the App for any re-sale purposes.
9.3 Nothing in these Terms of Purchase limits or excludes our liability for:
9.3.1 death or personal injury caused by our negligence;
9.3.2 fraud or fraudulent misrepresentation; or
9.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
9.4 Subject to paragraph 9.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms of Purchase or any Contract we enter into with you for:
9.4.1 any loss of profits, sales, business or revenue, whether direct or indirect;
9.4.2 loss or corruption of data, information or software;
9.4.3 loss of business opportunity;
9.4.4 loss of anticipated savings;
9.4.5 loss of goodwill; or
9.4.6 any indirect, consequential loss, special or exemplary damages.
9.5 Subject to paragraphs 9.3 and 9.4, our total liability to you in respect of all other losses arising under or in connection with these Terms of Purchase or any Contract we enter into with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the relevant Product or the App.
9.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products or the App. In particular, we will not be responsible for ensuring that the Products or the App are suitable for your purposes.
10 Written communications
10.1 There are certain pieces of information to do with the Products or the App that we, legally, have to send you in writing. To do this, we will send you an email to the e-mail address provided by you in your order. You agree you are happy to be contacted in this way and that this is “in writing”. This does not affect your statutory rights.
11 Contact us
11.1 We are Education Shed Ltd, a company incorporated in England with registered office address: Severn House, Severn Bridge, Riverside North, Bewdley, Worcestershire, UK, DY12 1AB. Our registered company number is 10949607 and our VAT registration number is GB284739556. Our telephone number is: 0330 460 9636 or 1-888-254-3098 from the USA and you can contact us using any of the methods outline in paragraph 1.9 of these Terms of Purchase.
12 Miscellaneous
12.1 Entire agreement - these Terms of Purchase set out the entire agreement between us relating to their subject matter and supersede all prior verbal or written agreements, arrangements, or understandings between us relating to such subject matter. You acknowledge that you are not relying on any representation, agreement, term, or condition that is not set out in these Terms of Purchase.
12.2 Severance - If any provision or part-provision of these Terms of Purchase is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
12.3 Third-party rights: these Terms of Purchase do not create any right enforceable by any person who is not a party to it.
12.4 Force majeure - We shall not be in breach of these Terms of Purchase or any Contract nor liable for delay in performing, or failure to perform, any of our obligations under these Terms of Purchase or any Contract if that delay or failure result from events, circumstances or causes beyond our reasonable control.
12.5 Notices - Any notice required to be given under these Terms of Purchase or in relation to any Contract, shall be in writing and shall be sent by pre-paid first class post or recorded delivery to us at the address given in paragraph 11 of these terms; or to you at your delivery or billing address Any notice shall be deemed to have been duly received at 9.00 am on the second business day after posting.
12.6 Governing law and jurisdiction: The validity, construction and performance of these Terms of Purchase or any Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts, except that either you or we may seek an interim injunction in any court of competent jurisdiction.